§ 10-16-1505 — Prohibition on 340B discrimination

(1) A third party that
reimburses a 340B covered entity or contract pharmacy for 340B drugs shall not:

(a) Reimburse the 340B covered entity or contract pharmacy for a
pharmacy-dispensed drug at a rate lower than the amount paid for the same drug
to pharmacies similar in prescription volume that are not 340B covered entities or
contract pharmacies;

(b) Assess any fee, charge back, or other adjustment against the 340B
covered entity or contract pharmacy on the basis that the 340B covered entity or
contract pharmacy participates in the 340B program;

(c) Restrict access to the third party's pharmacy network for any 340B
covered entity or contract pharmacy on the basis that the 340B covered entity or
contract pharmacy participates in the 340B program;

(d) Require the 340B covered entity or contract pharmacy to enter into a
contract with a specific pharmacy or health coverage plan to participate in the third
party's pharmacy network;

(e) Create a restriction or an additional charge on a patient who chooses to
receive drugs from a 340B covered entity or contract pharmacy;

(f) Restrict the methods by which a 340B covered entity or contract
pharmacy may dispense or deliver 340B drugs;

(g) Refuse to provide reimbursement or coverage for 340B drugs; or

(h) Create any additional requirements or restrictions on a 340B covered
entity or contract pharmacy.

(2) Unless a claim is for payment, directly or indirectly, by the medicaid
program, a pharmacy benefit manager or any other third party that reimburses a
340B covered entity or contract pharmacy for 340B drugs shall not require a claim
for a 340B drug to include:

(a) A modifier to indicate that the drug is a 340B drug; or

(b) Any other method of identifying the claim for a 340B drug.

(3) With respect to a patient eligible to receive 340B drugs, a pharmacy
benefit manager or any other third party that makes payment for the drugs shall
not discriminate against a 340B covered entity or contract pharmacy in a manner
that prevents or interferes with the patient's choice to receive the drugs from the
340B covered entity or contract pharmacy.

Legislative History

Source: L. 2022: Entire part added, (HB 22-1122), ch. 312, p. 2232, � 1, effective August 10.